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HomeMy WebLinkAboutMinutes-06-12-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 12, 1979 T A B L E O F M I N U T E A CT I O N S SUBJECT: ACTION: PAGE NO. Request to serve champagne in the Downey Comm. Theatre 6/23 for "Show Stoppers" Denied 1 Hearing on 1979-80 City of Downey Budget Continued to 6/26/79 2 Budget study session Set for 6/25/79 2 Resolution #3679, Confirming 1979-80 Assmt. for Lighting Dist. AD 121 Adopted 2 Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #144) Introduced 3 Ordinance #595, Continuing Moratorium on Apartment Conversions (Emergency) Adopted 3 Ordinance #596, Extending Ord. #582, Prohibiting Issuance of Bldg. Permits in Firestone Corridor Planning Area except on authorization of Council (Emergency) Adopted 4 Minutes: Adj. Reg. Mtg. May 29, 1979; & Adj. Reg. Mtg. June 4, 1979 Approved 5 Corres. from West Covina urging immediate const. of Peripheral Canal Facilities of State Water Project Filed 5 S.S. Proj. #332, Alameda St. Reconst., Paramount to Downey: Plans & specs & auth. to adv. for bids (A/C #26-16203) Approved 5 General Warrants: #176074 - 176319 #205839 - 205868 Approved 5 General Plan Amendment Hearing set for July 10, 1979 5 Resolution #3680, Consenting to Joint Public Hearing w/Community Dev. Comm. to Consider . formal adoption of Redevelopment Plan Amndmt. & Negative Decl. for proposed Redevelopment Project Adopted 5 Resolution #3681, Apprvg. Reappointment of James F. Ply to Personnel Advisory Bd. Adopted 5 Resolution #3682, Apprvg. Reappointment of Frank Gasdia to Downey Community Hospital Authority Commission Adopted 5 Resolution #3683, Apprvg. Reappointment of Warren Heer to Water Advisory Bd. Adopted 5 Resolution #3684, Apprvg. Reappointment of J. Art Johnson to Recreation & Community Services Comm. Adopted 5 Resolution #3685, Apprvg. Reappointment of Scott E. Temple to Water Advisory Bd. Adopted 5 Resolution #3686, Apprvg. Reappointment of Gloria Heer to Library Advisory Bd. Adopted 5 Resolution #3687, Supporting Nov. 1979 Election for Robbins Anti -Forced Busing Constitutional Amndmt. & Gann "Spirit of 13" Adopted 5 Page 1 of 3 COUNCIL MINUTES, JUNE 12, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Citizen requests to place Rent Control issue on next ballot 6 Mayor Miller submitted to City Manager Rent Control questionnaires to have available for public 6 Ordinance amending Sec. 7320 DMC & providing for establishment of Water Service Connection Charges by Resolution Introduced 6 Ordinance amending Sec. 7133 re Fees for Highway Repair Introduced 6 Ordinance #597, amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #143) Adopted 6 Resolution #3688, Establishing Fee Schedules for Planning Cases Adopted 7 Resolution #3689, Establishing Fees for Fireworks Applications ($100) Adopted 7 Operative Agmt. #3 for Advancement of Funds to Community Development Comm. Approved 7 Resolution #3690, Auth. renewal of contract w/County re Performance of General Services Adopted 8 Declare portion of Well Site #1 as Excess Approved 8 Planned Street Improvements & auth. staff contact ppty. owners to propose formation of Assmt. Dist. on Orizaba s/o Orange Approved 8 Hearing to extend Ord. #585, restricting development on Tweedy n/o Florence to residential condominiums Set for July 10, 1979 8 Revised agmt. w/Zeke Avila for Rio Hondo Golf Course Maintenance Approved 8 Appointment of Mrs. Betty Rowe to Housing Rehabilitation Assistance Comm. Approved 8 Establish Targeted Housing Assistance Program to be implemented in Ryerson, Orange, Birchdale & Belcher Neighborhood Enhancement Areas Approved 8 Rehabilitation Assistance - Capital Imprvmt. Loans: Allow ppty owners to utilize either Deferred Loan or Below Market Rate Interest Loan Programs to pay share of providing needed public imprvmts. in target neighbrhds. Approved 9 Taxi Permit Application of Los Angeles Yellow Cab Co. to conduct business in City & approve policy of insurance w/condition Approved 9 Supplemental Revenues & Appropriations Approved 9 Police Chief submitted Comparison of Cars Available for use as Patrol Vehicles 10 Transfer City bank account to Bank of Downey Taken under submission 10 Discussion re stationery supplier 10 Page 2 of 3 COUNCIL MINUTES, JUNE 12, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Discussion re property on w/s Paramount at Warren High School Councilman Swearingen suggested possibility of Council using Communicator as means of communicating w/their Districts Councilman Jackman wants to be kept informed on the I-105 Freeway Mayor Miller extended invitation of Downey Realtors to Council to attend meeting at 8:00 a.m., June 13, at Apollo Park Neighborhood Center Meeting adjourned to 5:00 p.m., June 25, 1979, in Council Chamber ACTION: No action PAGE NO. IEO 10 10 10 10 Page 3 of 3 `J` •u V�YiY� MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 12, 1979 The City Council of the City of Downey held a regular meeting at 7 30 p.m., June 12, 1979, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding, PRESENTz Council Members Milton R. Mackaig Theodore H. Jackman Mayor Pro Tem Lyell W. Swearingen William L. Greene Kenneth. J. Miller Mayor ALSO PRESENT; Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Ronald W. Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief Howard Stup, Building Official Francis E. Carter, Assistant City Planner Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Thomas Tincher, Housing & Redevelopment Coordinator Robert L, Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman. Jackman, The Flag Salute was led by Councilman Greene, PRESENTATIONS Mr. Fred Mitchell informed the Council of a coming performance of the "Show Stoppers" to be held at the Downey Theatre on June 22 and 23. He requested relaxa- tion of the City°s Ordinance prohibiting alcoholic beverages at the Theatre in order to serve champagne for the Saturday evening performance only. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to deny the request. HEARINGS Mayor Miller opened the hearing on the City of Downey Budget for Fiscal Year 1979-80, He inquired if the City Clerk had the Affidavit of Publication, and the City Clerk replied yes. it was moved by Councilman Jackman seconded by Councilman Mackaig, and so ordered to receive and file the Affidavit. Mr. Thompson stated the public presentation of the Budget was made at a previous Council Meeting, and at this time he is ready to answer any public comments or questions. Mayor Miller inquired if there was anyone present who wished to speak to the proposed Budget. Mr. Shand advised that one item of correspondence was received from Mr. James M. Knoll, President of the Downey Chamber of Commerce. Mr. Jim Knoll, President of the Downey Chamber of Commerce for 1978-79, re- ferred to a written report to the Council concerning services performed by the Chamber, including non-member related contacts. He pointed out that information coming into the Chamber is a valuable service to the community and takes a great burden off the City and its staff. Therefore, based upon the fact the Chamber is making these non-member contacts in approximately the same number made last year, it is felt a reasonable request is the sum of $19,.00O from the Council for these related services. Mr. Knoll explained the Chamber is operating at a deficit with attempts being made throughout the year to raise funds. The Chamber has increased its membership, and it is proposed to increase the dues structure. The Chamber this year will be operating at a deficit of $6,000 to $7,000. Council Minutes 6/12/79 -1- Councilman Jackman asked if the Council approved the same amount it did last year for the Chamber, would the chamber be able to continue performing services on the same level as before? Mr. Knoll replied yes, as long as its doors are open and it has funds to operate. He and Mr, Bill Cole, General Manager of the Chamber of Commerce, responded to ques- tions concerning the membership, Councilman Greene commented the City receives a good return from the Chamber in the way of advertising through its monthly publication, and he hopes in some way the Council can find more funds for the Chamber, Mayor Miller said there are other groups who made contributions to the City in the past, who are now receiving no assistance, and he feels the solution to the Chamber°s problem lies in new membership. He mentioned he was able to obtain two new members last year and would be willing to do so again this year. Councilman Swearingen stated the Chamber provides services he does not feel the City can provide, Councilman Greene suggested the Chamber representatives be present at the next Budget session, Mayor Miller announced the City Attorney has asked if any Council Members are officers in the Chamber of Commerce, and the answer is no. It was moved by Councilman Jackman and seconded by Councilman Greene to con- tinue the hearing on the Budget for Fiscal Year 1979-80 to 7:30 p.m., June 26, 1979, in the Council Chamber of the Downey City Hallo The Council then set a Budget study session for 5:00 p.m., June 25, 1979, to be held in addition to the Community Development Commission meeting, Mayor Miller opened the hearing on Lighting Maintenance District AD 121, 1979-80 Assessment Levy, pursuant to the provisions of the Landscaping and Lighting Act of 1972. He inquired if the City Clerk had the Affidavits of Posting and Mailing of Notices and the Proof of Publication, and the City Clerk replied yes. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to receive and file the Affidavits and Proof, Mr. Spindel gave a report on the mid -block lighting throughout the City and outlined the rates for Zones I, II, IV, V, and new Zone VI --Zone III has a zero rate at the present time. He pointed out that all of the rates are considerably lower than last year because the City received Proposition 13 portion of the one percent funds on the assessment district, as well as some State bail -out funds. It was moved by Councilman Jackman and seconded by Councilman Swearingen to approve the Engineer's report, Mayor Miller inquired if the City Clerk had received any correspondence on this matter, Mr. Shand replied no correspondence was received, but he did receive a tele- phone call from David and Adeline Schaffer, 8842 Lakewood Boulevard, who stated their protest but are not in this district. There being no one to speak regarding the proposed intention to levy and col- lect assessments for the 1979-80 fiscal year, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to close the hearing, RESOLUTION NO, 3679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 1979-80 FISCAL YEAR ASSESSMENT FOR LIGHTING DISTRICT AD 121 The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No, 3679, Council Minutes 6/12/79 -2- Mayor Miller opened the hearing on zone 'Change Case No. 144, 12039 Lakewood Boulevard. He inquired if the City Clerk had the Affidavit of Publication, and the City Clerk replied yes. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Mr. Carter reported on the request to change a portion of the R-1 zone owner- ship to C-1 (neighborhood commercial) so that a senior citizens facility can be constructed. In conjunction with the zone change, a conditional use permit will be necessary in order to permit senior citizen housing in a C-1 zone, He commented on the development and zoning of the surrounding properties. Mayor Miller inquired if the City Clerk had received any correspondence on this matter. Mr. Shand replied correspondence was received signed by seven people all in favor of the zone change. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to receive and file the correspondence. Mayor Miller then inquired if there was anyone present to speak in favor of the zone change. Mr. Lawrence DeTilla, 11850 Paramount Boulevard, said the property on which the zone change is requested is a "land locked" parcel of residential zoning because the tract line for the property fronting on Marbel, the first street to the west, is such that accessibility to the R-1 property makes it impractical and impossible to use for R-1 purposes. There being no one to speak in opposition, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 263, ZONE CHANGE CASE NO. 144) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Miller opened the hearing on Ex sion of Apartments to Condominiums and Coo had the Proof of Publication, and the City Moratorium Prohibiting Conver- es, He inquired if replied yes. the City Clerk It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to receive and file the Proof. Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. There being no one present to speak in opposition to extending the moratorium, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to close the hearing. ORDINANCE NO. 595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONTINUING A MORATORIUM ON APARTMENT CONVERSIONS (EMERGENCY) The Ordinance was read in its entirety. Councilman Jackman feels this should have been brought to the Council before now, and he requested a report on what staff is doing on these matters, how long it is taking, and the number of hours being spent. Council Minutes 6/12/79 -3- Mr, Spindel stated that on the budget presentation a bar chart was shown with the workload of the Planning Division and available manhours projected for the next fiscal year, and the available manhours are less than the projected workload. He said this study and the draft ordinance should be completed within the eight - month extension period, Mr, Emil Ratsiu stated to his knowledge, no applications are being received at this time for any conversions because there is a moratorium, Councilman Jackman asked if any applications have been made for apartment conversions, Mr. Carter replied that an inquiry is received every three or four days, Councilman Mackaig then asked that in the future if staff feels an item is not going to be completed in the slotted time, that these matters be brought to the Council prior to becoming an emergency, Councilman Greene suggested staff accept applications for conversions and start a waiting list, Councilman Mackaig concurred but does not want anyone to be mislead into be- lieving they have qualified just because their name is on a list. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt emergency Ordinance No, 595, Mayor Miller opened the hearing on Exten issuance of Building Permits in the Firestone authorization of the City Council, He inquir Publication, and the City Clerk replied yes, if the anning Area except upon ty Clerk has the Proof of It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to receive and file the Proof, Mr, Carter reported that since the study of the Firestone Corridor has not been completed, an extension of Ordinance No. 582 is required to provide additional staff time and Council consideration, Mr. Spindel explained the study is almost complete, and he hopes to submit it to Council shortly, after submitting it to the Planning Commission for consideration, Mayor Miller inquired if the City Clerk had received any correspondence, and the City Clerk replied he had not. There being no one present to speak in opposition or in favor, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to close the hearing, ORDINANCE NO, 596 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING ORDINANCE NO, 582 PROHIBITING THE ISSUANCE OF BUILDING PERMITS IN THE FIRESTONE CORRIDOR PLANNING AREA EXCEPT UPON AUTHORIZATION OF THE CITY COUNCIL (EMERGENCY) The Ordinance was read in its entirety. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to adopt emergency Ordinance No, 596. AYES: 4 Council Members: Mackaig, Swearingen, Greene, Miller NOES: 1 Council Member: Jackman Mayor Miller requested staff to give Council a report on the progress of the moratorium. CONSENT CALENDAR It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Council Minutes 6/12/79 -4- of Idav 29. 1979Y and Adiourned Correspondence from West Covina urging Canal Facilities of the State Water Pro S.S. Plans and specifications and grant authority to nt #26-16203). of the General Warrants, #176074 176319? #205839 - 205868% $876,691. to General Plan Amendment, Set hearing for 7�30 p.m., July 10, 1979, in the Council Chamber of the Downey City Hall, RESOLUTION NO, 3680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY TO CONSIDER FORMAL ADOPTION OF THE REDEVELOPMENT PLAN AMENDMENT AND NEGATIVE DECLARATION FOR THE PROPOSED DOWNEY REDEVELOPME PROJECT RESOLUTION NO, 3681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JAMES Fe PLY AS A MEMBER OF THE PERSONNEL ADVISORY BOARD RESOLUTION NO. 3682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF FRANK GASDIA AS A MEMBER OF THE DOWNEY COMMUNITY HOSPITAL AUTHORITY COMMISSION RESOLUTION NO, 3683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF WARREN HEER AS A MEMBER OF THE WATER ADVISORY BOARD RESOLUTION NO, 3684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF J. ART JOHNSON TO THE RECREATION AND COMMUNITY SERVICES COMMISSION RESOLUTION NO, 3685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF SCOTT E. TEMPLE AS A MEMBER OF THE WATER ADVISORY BOARD RESOLUTION NO, 3686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF GLORLA HEER AS A MEMBER OF THE LIBRARY ADVISORY BOARD RESOLUTION NO. 3687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING A NOVEMBER; 1979 ELECTION FOR THE ROBBINS ANTI -FORCED BUSING CONSTITUTIONAL AMENDMENT AND THE GANN "SPIRIT OF 13" AYES- 5 Council Members- Mackaig, Jackman, Swearingen, Greene, Miller ORAL COMMUNICATIONS (Items not on Agenda) Debbie Inglebrook, 8049 Leeds Street, requested the Council to place the rent control issue on the ballot for the public to vote on, Council Minutes 6/12/79 -5- Sharon Hawkins, 8101 Leeds Street, cited statistics of rental property in the City and also requested the rent control issue be placed on the next ballot. Mr, Richard Crowe, 9117 Hasty Avenue, feels the City should look into the rent control issue, Councilman Greene inquired about the number of signatures necessary to have this placed on the ballot, Mr. Sorensen replied the provisions for placing an initiative on the ballot are contained in the Elections Code --the Council may place a measure on the ballot. Mr. Shand said the cost would be a minimum of $12,000 for a Citywide election, Mr. Crowe favored placing this issue on the ballot and feels it should be similar to the Los Angeles County rent control plan, which he said is fair and equitable, Mayor Miller indicated he will be contacting both Ms. Inglebrook and Ms. Hawkins to go over this subject in detail and the problems they have experienced, Mayor Miller mentioned at his request, a questionnaire was prepared to provide information for the council to review and determine if there are renters being abused. He said until there is a definite showing that people in the community are willing to spend $12,000 of taxpayers' dollars to place this issue on the ballot, he would not do it. There being no objections, he submitted the questionnaires to the City Manager to have available for the public, ORDINANCES ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7320 OF THE DOWNEY MUNICIPAL CODE AND PROVIDING FOR THE ESTABLISHMENT OF WATER SERVICE CONNECTION CHARGES BY RESOLUTION The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to introduce the Ordinance, Councilman Greene asked that there be enough publicity on this Ordinance to show that the rates are being raised because there has not been an increase since 1969, and they are not being raised because of Proposition 13, AYES- 5 Council Members- Mackaig, Jackman, Swearingen, Greene, Miller ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7133 WHICH RELATES TO FEES FOR HIGHWAY REPAIR The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. ORDINANCE N0, 597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO, 143) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No, 597, RESOLUTIONS RESOLUTION NO, 3688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING FEE SCHEDULES FOR PLANNING CASES Council Minutes 6/12/79 -6- The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3688. RESOLUTION NO. 3689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING FEES FOR FIREWORKS APPLICATIONS The Resolution was read by title only. It was moved by Councilman Greene and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Greene and seconded by Councilman Swearingen to adopt Resolution No. 3689. (Motion and second later withdrawn.) Councilman Jackman said it is his understanding there is a $25 inspection fee for the electrical and inquired if there are any other fees involved. Mr. Stup explained there is a $25 fee for the building itself and there are no electrical fees so long as they use a low voltage systems but, if they use regular wiring, then there is an electrical permit required per code which is $25. A discussion was held regarding the inspections made of the fireworks stands. Councilman Jackman indicated it is his understanding $125 was the only charge the organizations would pay to set up fireworks stands, and he was not aware of an additional charge fer electrical. Mr. Stup stated to his knowledge, no one has taken out an electrical permit because they have all used low voltage. Further discussion ensued. Mr. Sorensenadvised a provision, can be inserted in the Ordinance that the fee will be $125 provided, however, there will be a credit applied to this if any building permit or electrical fee is paid. The motion and second to adopt were withdrawn. Councilman Jackman 'then made a motion that the fee be $125 with a credit established if there is a building fee and/or electrical inspection fee charged. Mr. Thompson suggested for simplification to reduce the fee to $100 and with the building fee, the fee would then be $125. It was moved by Councilman Jackman and seconded by Councilman Mackaig to amend the Resolution to establish the fee at $100, (This does not include the Building fee.) It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3689. Advancement of Funds to Community Development Commission - Operative Agreement No. 3, was withdrawn from Resolutions on the Agenda for Council action only. It was then moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to approve Operative Agreement No. 3 for Advancement of Funds to the Community Development Commission. RESOLUTION NO. 3690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING THE PERFORMANCE OF GENERAL SERVICES The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. it was moved by Councilman Greene, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3690. Council Minutes 6/12/79 -7- m" R MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to declare a portion of Well Site No. 1 as excess property. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the planned street improvements and autho- rize staff to contact the property owners in order to propose the formation of an assessment district on Orizaba Avenue south of Orange Street, Mr. Spindel responded to questions of the Council concerning the proposed assessment district. He said no contact has been made with the property owners until the Council first approves the concept. The $28,800-$38,500 for right-of-way acquisition shown on the preliminary cost estimate is to allow for any condemnation costs. AYES, 5 Council Members. Mackaig, Jackman, Swearingen, Greene, Miller It was moved by Councilman Greene, seconded by Councilman Swearingen, and passed by unanimous vote to set a hearing to extend Ordinance No, 585, restricting development along Tweedy Lane north of Florence Avenue to residential condominiums, for 7:30 p.m., July 10, 1979, in the Council Chamber of the Downey City Halle It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to approve a revised agreement with Zeke Avila for Rio Hondo Golf Course Maintenance, Appointment of Mrs. Betty Rowe to the Housing Rehabilitation Assistance Committee Mr, Tincher commented on the expansion of the Housing & Rehabilitation Committee to include representatives from the target neighborhoods and of the Council°s direction that staff confer with the chairman of the committee to identify a resident from the neighborhood. Mrs, Sarah Flores, who was serving on the Committee, has resigned, and again the staff and chairman have selected a resident and submitted the name of Betty Rowe, who has been active in the program. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the appointment of Mrs, Betty Rowe to the Housing Rehabilitation Assistance Committee, AYES. 4 Council Members€ Jackman, Swearingen, Greene, Miller NOES. 1 Council Member. Mackaig Targeted Housing Rehabilitation Assistance - Eligibility Requirements Mr, Tincher outlined the need to provide housing rehabilitation assistance in several areas on a selective basis and recommended such a program be established to make available on a selective basis the Deferred Payment Loan, Below Market Rate Interest Loan, and Rebate Loans as currently structured for residents of households in the Ryerson, Orange, Birchdale, and Belcher neighborhoods, The pro- perties would have to meet certain qualifications, Councilman Jackman raised questions concerning the rehabilitation program and asked if it is felt this area is where the next priority should be placed, Mr. Tincher replied that once time has been spent in the Golden Park and Gardendale-Paramount areas, it can be opened up to all of the other areas. He anticipated there will be $400,000-$500,000 next year for the Housing & Rehabilita- tion Program, which should be sufficient to move into the other areas. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to approve establishing a Targeted Housing Assistance Program to be implemented in Ryerson, Orange, Birchdale, and Belcher Neighborhood Enhancement Areas, Rehabilitation Assistance - Capital Improvement Loans Mr. Tincher explained that based upon Council approval of a policy establishinq levels of capital improvement expenditures the City will make in certain neighborhoods, staff is beginning to develop an overall budget identifying projects to be brought back for consideration. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to allow property owners to utilize either the Deferred Loan or Council Minutes 6/12/79 -8- the Below Market Rate Interest Loan Programs, depending upon their eligibility, as an option to pay their share of providing the needed public improvements in the target neighborhoods. It was moved by CouncilmanJackmanand seconded by Councilman Mackaig to approve the Taxi Permit Application of the Los Angeles Yellow Cab Company to conduct business in the City of Downey, (See later motion.) Mr. Sorensen informed the Council that the Code provides the applicant must supply a certificate of insurance or have an insurance policy in effect as evidenced by a certificate of insurance, and the Code further provides the Council must approve this policy. The certificate of insurance which has been supplied by the cab company evidences there is a policy in effect in which the applicant is self - insured for the first $75,000 of each occurence with an umbrella coverage of $425,000. Mr. Sorensen said it is his understanding the company has submitted a statement of net worth in the neighborhood of $50G,000. He pointed out the City is self -insured for the first $1 million, and although he sees no potential liability or no basis of liability in the event permitee cab company has an accident, there is a potential of the City being named because the City has issued a permit to the company. Therefore, he suggested the Council might want to consider having the City, its officers, agents, servants, and employees named as additional insured on the policy with a condition attached that in the event any action is brought against the City arising out of the permittee°s exercise of rights under the permit they would undertake the defense and indemnity of the City. It was then moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to approve the Taxi Permit Application of Los Angeles Yellow Cab Company to conduct business in the City of Downey and to approve the policy of insurance, with the condition that in the event of any action brought against the City arising out of the permittee°s exercise of rights under the permit, the permittee will undertake the defense and indemnity of the City. Mr. Sorensen explained he has discussed this with the taxi company representative. It was pointed out two existing taxi stands are on Second Street west of Downey Avenue and on Downey Avenue north of Third Street. Councilman Mackaig commented on companies in the City who, as company policy, use taxi service for transporting persons involved in industrial accidents to the hospital for emergency treatment, Mr. Thompson stated the taxi company has indicated that with approval of the insurance they are ready to commence the business operation tomorrow. He further advised that the City°s ordinance concerning taxi service needs to be updated, and staff will be submitting a new ordinance to the Council. AYES. 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller CITY MANAGER'S REPORT Supplemental Revenues and Appropriations Mr. Thompson advised that if the Gann Initiative is voted in by the electorate in November, it will have the effect of establishing certain requirements with re- gard to future appropriations being tied to the 1978-79 fiscal year expiring June 30th. As a result, all cities are re-examining their actual revenues in comparison to the budgetary estimates. He indicated that after reviewing last year's estimates for this year, it is anticipated actual revenues will exceed last year's budget estimates by $382,000. Under the Gann Initiative, this should show as an appropria- tion, and the Council would also be allowed to establish a maximum not to exceed a five percent reserve. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to increase the 1978-79 revenue as presented; appropriate $382,000 to the Special Projects account in the 1978-79 Non -Departmental Budget of the General Fund; appropriate $32,000 to the 1978-79 Street Lighting Budget; authorize the City Manager to set up a reserve at years end not to exceed five percent of the allowable appropriation of each and every fund to the extent allowed by the year end fund balances or retained earnings; and appropriate the estimated $377,455 fund balance as adopted in the 1978-79 Budget to the Special Projects account in the 1978-79 Non -Departmental Budget of the General Fund. Council Minutes 6/12/79 -9- t.."� c9c , :2 STAFF REPORTS Mr. Spindel commented on a water leaking valve on Firestone Boulevard in front of All American Home Center. He mentioned this is in the Park water system and there have been problems in locating the actual leak. Chief Martin submitted to Council a Comparison of Cars Available for use as Police Patrol Vehicles. ORAL COMMUNICATIONS" It was moved by Councilman Mackaig to transfer and change the City bank account to the Bank of Downey forthwith. He said this would include any bank accounts the City has with the Bank of America. The motion was seconded by Councilman Swearingen. Councilman Jackman indicated he is in receipt of a report he requested from staff, and he would like the Council to read it before making a decision as to what should be done. He indicated he would like to sit down with any Council Member and Mr. Leege to discuss this issue. Mr. Thompson stated copies of the report will be submitted to the rest of the Council tomorrow. He said if the Council wishes to make this administrative operat- ing procedure a matter of policy, he would ask the Council to first study it before making a change. Mr. Sorensen stated there are certain legal limitations and requirements involved. The matter was not voted upon and at Councilman Jackman's request was taken under submission. Councilman Mackaig said he received a call from Bert Weinburger of Neil's Stationers, who informed him the City had taken his name off the bid list. He stated it is his understanding the City's business has been given to another firm and the prices are not as good. He could see no reason to pay excess prices. Councilman Mackaig said the difference in the two prices between Neil's Stationers and Downey Stationers is ten percent. Mr. Thompson explained stationery supplies are not purchased on a bid basis but as an open purchase order. Quotations are received and change from time to time. He indicated he would like to explore this again in regard to the reasons for making the change. Mr. Thompson explained there are certain implications under charges that have been made against this particular gentleman, and a hearing is to be held next week. He also told the gentleman that he would re-examine the situa- tion as soon as the hearing is held. Mr. Thompson stated he would be willing to discuss more fully in executive session all of the reasons involving his decision. Mr. Sorensen indicated that inasmuch as the City's police officers are witnesses for the prosecution in the pending criminal matter, it would not be appropriate to discuss in open Council Meeting because it could prejudice the case in some way. He mentioned he advised Mr. Thompson that if the City continued to purchase supplies from the business, under all the circumstances there could be an influence on the case one way or the other. Mayor Miller said he would be willing to go into executive session to discuss this further. Councilman Swearingen inquired if there was a solution worked out with regard to the property on the west side of Paramount Boulevard at Warren High School. Mr. Spindel replied an estimate was made of the cost and the School Board was contacted to see if they had funds available, for which they indicate they do not. Staff is still working on this and exploring other ways, and he will report back. of Councilman Swearingen suggested the Council Members consider the possi ino the Communicator as a means of communicating with their Districts. Mr. Sorensen cited a case that says public funds cannot be spent to urge a particular vote for a particular measure, but he does not feel this would be an issue. Council Minutes 6/12/79 -10- Councilman Jackman indicated he would like to know how much the Communicator costs and did say although he would like to communicate with his District he does not want to do it with public funds. Mayor Miller and Councilman Greene concurred with Councilman Jackman. Councilman Jackman asked the City Attorney to keep him informed on the I-105 Freeway. Mayor Miller said he was asked by the Downey Board of Realtors to invite the City Council to a meeting at 8:00 a.m., June 13th, at the Apollo Park Neighborhood Center. At 10:08 p.m., the meeting was adjourned to 5:00 p.m., June 25, 1979, in the Council Chamber of the Downey City Hall. Robert L. Shand, City Clerk -Treasurer Kenne h J. Miller Mayor Council Minutes, 6/12/79 -11- ADDENDUM TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 12, 1979 On Page 1, prior to the Invocation and Flag Salute, the following should be added: "Mayor Miller announced the City Council was in executive session prior to the meeting to discuss personnel negotiations for the upcoming year." Robert L. Shand, City Clerk -Treasurer Addendum to Minutes, 6/12/79